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MOSCHETTI v. LIQUOR LIC. AUTH. OF CITY OF BOULDER

Nos. 24056, 24313.

490 P.2d 299 (1971)

Bauldie MOSCHETTI, individually and for all other persons similarly situated, Plaintiff in Error, v. LIQUOR LICENSING AUTHORITY OF CITY OF BOULDER, Defendant in Error. Bauldie MOSCHETTI, individually and for all other persons similarly situated, Plaintiff in Error, v. John H. HECKERS, Executive Director of the Department of Revenue, as the State Liquor Licensing Authority of the State of Colorado, and Mountain-Vu Liquors, a Colorado corporation, Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearings Denied November 29, 1971.

Attorney(s) appearing for the Case

Hollenbeck, King & French, Peter C. Dietze, Guy A. Hollenbeck, Boulder, for plaintiff in error.

Hutchison, Black & Hill, James W. Buchanan, William H. Nikkel, Walter L. Wagenhals, Lawrence C. Rider, Boulder, for defendant in error in No. 24056.

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Chris J. Eliopulos, Asst. Atty. Gen., for defendants in error in No. 24313.

DAY, Justice.

Two writs of error have by this decision been consolidated. The appeals involve the same issue—the validity of a transfer of a liquor license granted by the Boulder City Council, the local authority, and the Colorado Director of Revenue, the State Authority.

Plaintiff in error, Moschetti, hereinafter referred to as "protestant" has a package liquor store in the vicinity of Mountain-Vu Liquors, herein referred to as "applicant." The latter...

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